RICS in Birmingham - Common JCT Design and Build problems and their solutions

Overview

The Birmingham Local Professional Association welcomes you to a morning CPD session.

Nick Sunderland of Sunderland Ives Limited will provide a commentary on the following problems and conundrums often encountered by parties administering the JCT Design and Build Contract:

• Discrepancies and value engineering: Dealing with discrepancies between the Employer’s Requirement and the Contractor’s Proposals. What happens if the Employer accepts a derogation proposed by the Contractor at tender stage?
• Instructions for Changes: Is a written instruction for a change from the Employer’s Agent a condition precedent for the Contractor to be paid?
• Valuation of Changes: If a Variation is valued using a ‘fair valuation’ does this automatically include a contribution to the Contractor’s head office overheads and profit and preliminaries?
• Insurance of the Works: Due to the Contractor’s negligence, a major leak occurs causing damage to the works carried out and a delay to completion. Is the Contractor entitled to any recovery or not?
• Notice of loss and expense: Under the standard form, is the submission of a timely notice a condition precedent to the Contractor’s entitlement to be paid additional loss and expense?
• Payment and Pay Less Notices: Does the Employer have to pay the full amount due in the Contractor’s application if no payment or pay less is served, even if the valuation is incorrect. If so, when can the Employer commence adjudication on the true value?

Tea and coffee will be provided.

Venue information

55 Colmore Row is a short walk from both New Street and Snow Hill train stations.

• Map and directions.
• Local parking information

The RICS member space is on the 5th floor. Please report to the main reception and you will be directed up.